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AF | BCMR | CY2004 | BC-2004-00909
Original file (BC-2004-00909.DOC) Auto-classification: Approved

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-00909

            COUNSEL:  NONE

            HEARING DESIRED:  YES

_________________________________________________________________

APPLICANT REQUESTS THAT:

His bad conduct discharge (BCD) be upgraded  to  allow  him  to  receive  VA
benefits.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was 20 years old then. In his thirties, he served in the Vietnam War.  He
has led a productive life for five decades in society.

In support of his request, applicant provided a letter from his  Disability,
Aging and Veterans Service  Representative,  a  copy  of  his  court-martial
records, and a job resume.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant's military personnel records  were  destroyed  by  fire  in  1973.
Therefore, the facts surrounding his service and  separation  from  the  Air
Force cannot be verified.

On 24 June 1952, the  applicant  was  tried  by  Summary  Court-Martial  for
failure to go to his place of  duty,  for  which  he  was  sentenced  to  be
reduced to the grade of airman basic and a forfeiture of fifty dollars.

On 13 September 1952, the applicant was tried by Summary  Court-Martial  for
absence without leave from 3 to 12 October 1952, for which he was  sentenced
to be restricted to the base for 30 days and a forfeiture of fifty dollars.

On 7 October 1952, the applicant was  tried  by  Summary  Court-Martial  for
breaking restriction, for which he was sentenced  to  be  confined  at  hard
labor for 30 days and a forfeiture of fifty dollars.

Based on documentation provided by the applicant, he was  discharged  on  14
January  1953  by  a  Special  Court-Martial  and  received  a  bad  conduct
discharge (BCD).

Pursuant to the  Board’s  request,  the  Federal  Bureau  of  Investigation,
Clarksburg,  West  Virginia,  provided  an  investigative  report  which  is
attached at Exhibit B.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS stated that due to  the  lack  of  documentation  in  the  master
personnel records, they defer to the Board to  determine  if  the  applicant
should be granted relief.

AFPC/DPPRS complete evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to  the  applicant
on 9 April 2004, for review and comment within 30 days.  As  of  this  date,
no response has been received by this office. An FBI  Report  was  forwarded
to the applicant for review and response within 15 days.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing  law  or
regulations.

2. The application was not timely filed; however, it is in the  interest  of
justice to excuse the failure to timely file.

3.     We  find  no  impropriety  in  the  characterization  of  applicant's
discharge.   It  appears  that  responsible  officials  applied  appropriate
standards in effecting  the  separation,  and  we  do  not  find  persuasive
evidence that pertinent regulations were violated or that applicant was  not
afforded all the  rights  to  which  entitled  at  the  time  of  discharge.
Considered alone, we conclude the  discharge  proceedings  were  proper  and
characterization  of  the  discharge  was  appropriate   to   the   existing
circumstances.

4.    Consideration of this Board, however, is not  limited  to  the  events
which precipitated the discharge.  We have  a  Congressional  mandate  which
permits consideration of other factors; e.g.,  applicant's  background,  the
overall   quality   of   service,   and    post-service    activities    and
accomplishments.  Further, we may base our decision  on  matters  of  equity
and clemency rather than simply  on  whether  rules  and  regulations  which
existed at the time were followed.  This is  a  much  broader  consideration
than officials involved in the discharge were permitted,  and  our  decision
in no way discredits the validity of theirs.

5.    Under our broader mandate and after careful consideration of  all  the
facts  and  circumstances  of  applicant's  case,  we  are  persuaded   that
applicant has been  a  productive  member  of  society.   We  recognize  the
adverse impact of the discharge applicant received; and, while it  may  have
been appropriate at the time, we  believe  it  would  be  an  injustice  for
applicant to continue to suffer its  effects.   Accordingly,  we  find  that
corrective action
is appropriate as  a  matter  of  equity  and  on  the  basis  of  clemency.
Therefore, we recommend his discharge be upgraded  to  one  under  honorable
conditions (General).

6.    The applicant's case is adequately documented  and  it  has  not  been
shown that a personal appearance with or  without  counsel  will  materially
add to our understanding of the issues  involved.   Therefore,  the  request
for a hearing is not favorably considered.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT, be corrected to show that at the time of his discharge  on  14
January 1953, he  was  discharged  with  service  characterized  as  general
(under honorable conditions).

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2004-
00909 in Executive Session on 3 June 2004, under the provisions of  AFI  36-
2603:

            Mr. Gregory H. Petkoff, Panel Chair
            Ms. Renee M. Collier, Member
            Ms. Martha A. Maust, Member

All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered:

      Exhibit A. DD Form 149, dated 17 Feb 04, w/atchs.
      Exhibit B. FBI Report, dated 28 Apr 04.
      Exhibit C. Letter, AFPC/DPPRS, dated 2 Apr 04.
      Exhibit D. Letter, SAF/MRBR, dated 9 Apr 04.






                                   GREGORY H. PETKOFF
                                   Panel Chair


AFBCMR BC-2004-00909




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of
Section 1552, Title 10, United States Code (70A Stat 116), it is directed
that:

      The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that at the time of his
discharge on 14 January 1953, he was discharged with service
characterized as general (under honorable conditions).






      JOE G. LINEBERGER
      Director
      Air Force Review Boards Agency


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